Court of Criminal Appeals of Texas

Ben Bynum, Appellant v. the State of Texas, Appellee

February 15, 19891989 Tex. Crim. App. LEXIS 33

Summary

The Court of Criminal Appeals of Texas affirmed the judgment of the Court of Appeals, holding that Texas Penal Code §32.45 is neither overbroad nor unconstitutionally vague, that the evidence was sufficient to prove an agreement, that the indictment’s descriptive deficiencies did not prejudice the appellant’s defense, and that the trial court did not abuse its discretion in denying access to a grand‑jury transcript. Justice Miller dissented, arguing that the appellant showed a particularized need for the grand‑jury testimony.